---

Serious Crime Bill [HL]

moved Amendment No. 102: 102: Clause 50 , page 29, line 23, leave out subsection (2) The noble Lord said: This is another very quick and simple probing amendment. Clause 50(1) sets out that the mode of trial for an offence under Clauses 39 and 40 will be determined as though the person had been charged with committing the anticipated offence as a principal. That was a Law Commission recommendation proposed in Clause 9 of its draft Bill. Meanwhile, Clause 50(2) sets out that an offence under Clause 41 will be tried on indictment. I understand that that was not a Law Commission recommendation. Therefore, I would be grateful for an explanation from the noble Baroness for the different treatment yet again for Clauses 40 and 41. The noble Baroness, having put me right on the difference between Clauses 40 and 41, removed my confusion, but it has returned in that I do not see why on this occasion the two should be treated differently. The offence under Clauses 39 and 40 is, "““triable in the same way as the anticipated offence””." But for some unknown reason under Clause 41, the offence is triable only on indictment. I beg to move.